1 2025:CGHC:53597 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7072 of 2025 Abhay Chipel S/o Shiv Kumar Chipel Aged About 24 Years R/o Bapu Upnagar, Bilaspur, P.S. Torwa District- Bilaspur (C.G.) ... Applicant versus State Of Chhattisgarh Through- Police Station Torwa District- Bilaspur (C.G.) ... Respondent For Applicant : Shri Vikas Patel, Advocate. For Respondent/State : Shri Amit Verma, PL. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 03/11/2025 1. This is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of regular bail to the applicant who has been arrested in connection with Crime No.389/2024 registered at Police Station Torwa District- Bilaspur (C.G.) for the offence punishable under GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.11.04 15:07:27 +0530 2 Sections 296,115(2),351(2), 3 (5),118 (1) (2) of B.N.S. U/s. 25 of Arms Act. (As per charge sheet). 2. Case of the prosecution, in brief, is that on 12.10.2024, Suneeta Chauhan reported the matter against the present applicant that the previous night, when she was sleeping in the house, her son Rahul Chauhan came to the house in injured condition and after being inquired, she got to know that the accused accompanied by his friend came to her son and invited him to visit to see Durga Pooja and when they were returning to the house near Bajrang Bali Mandir, the accused along with his friend abused and assaulted her son and also threatened him to kill pursuant to which crime has been registered against the present applicant and he was arrested on 30/07/2025. 3. It has been argued by learned counsel for the applicant that the applicant is said to have assaulted the injured with knife who has suffered injuries on his right thigh and left occipital parietal area near midline. It is further submitted that though as per the MLC the injury was stated to be grievous hurt but there is no X ray report to show that any internal damage has been caused. He would submit that the applicant has six criminal antecedents which are from the year 2020 to 2024 and they are pending. He would submit that the charge sheet has been filed in this case, the applicant is in jail since 30/07/2025 and conclusion of trial will take some time, therefore, he prays for grant of bail to the applicant. 3 4. On the other hand, learned State Counsel opposes the bail application and he would submit that charge sheet has been filed in this case before the competent court and the applicant has seven criminal antecedents which are pending. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. Taking into consideration the facts and circumstances of the case, further the fact that the applicant is said to have assaulted the injured with knife who has suffered injuries on his right thigh and left occipital parietal area near midline though as per the MLC the injury was stated to be grievous hurt but there is no X ray report to show that any internal damage has been caused, considering the period of detention of the applicant since 30/07/2025, charge sheet has been filed and also considering the fact that trial is likely to take some time for its conclusion, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Accordingly, the bail application is allowed and it is directed that the Applicant- Abhay Chipel, involved in Crime No.389/2024 registered at Police Station Torwa District- Bilaspur (C.G.) for the offence punishable under Sections 296,115(2),351(2),3 (5),118 (1) (2) of B.N.S. U/s. 25 of Arms Act, be released on bail on his furnishing a personal bond with two heavy sureties in the like sum to the satisfaction of the Court concerned with the following conditions:- 4 (i) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law. (ii) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence, proclamation under Section 84 of BNSS. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 209 of the Bharatiya Nyaya Sanhita. (iv) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 351 of BNSS. If in the opinion of the trial court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such 5 default as abuse of liberty of bail and proceed against him in accordance with law. 8. However, this Court hopes and trusts that the trial Court shall make an earnest endeavour to conclude the trial expeditiously, preferably within a period of six months from the date of receipt of this order in accordance with law, if there is no legal impediment. 9. Office is directed to send a certified copy of this order to the trial Court for necessary information and compliance. Sd/- (Ramesh Sinha) CHIEF JUSTICE gouri